Education, Higher - As introduced, prohibits certain colleges and universities in this state from denying recognition, privileges or benefits to a student organization or group on the basis of religious content of the organization's or group's speech or the manner in which the organization or group determines its organizational affairs. - Amends TCA Title 49.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB3597Date
    Vetoed by Governor 05/21/2012
    Transmitted to Gov. for action.05/09/2012
    Signed by H. Speaker05/09/2012
    Signed by S. Speaker05/08/2012
    Enrolled and ready for signatures05/04/2012
    Passed H., Ayes 61, Nays 22, PNV 1 04/30/2012
    Am. 8 tabled., Ayes 62, Nays 24 04/30/2012
    Am. withdrawn.(Amendment 7 - HA1356)04/30/2012
    Am. withdrawn.(Amendment 6 - HA1350)04/30/2012
    Am. withdrawn.(Amendment 5 - HA1304)04/30/2012
    Am. withdrawn.(Amendment 4 - HA1301)04/30/2012
    Am. withdrawn.(Amendment 3 - HA1300)04/30/2012
    Am. withdrawn.(Amendment 2 - HA1299)04/30/2012
    Subst. for comp. HB.04/30/2012
    Engrossed; ready for transmission to House04/30/2012
    Passed S. as am., Ayes 19, Nays 12, PNV 204/30/2012
    S. adopted am.(Amendment 4 of 0 - SA1326)04/30/2012
    Am. withdrawn.(Amendment 3 - SA1297)04/30/2012
    S. adopted am.(Amendment 2 of 0 - SA1163)04/30/2012
    S. adopted am.(Amendment 1 of 0 - SA1074)04/30/2012
    Placed on Senate Regular Calendar cal. for 4/30/201204/27/2012
    S. Reset on cal. for 4/30/201204/27/2012
    Placed on Senate Regular Calendar 2 cal. for 4/27/201204/26/2012
    S. Reset on Cal. for 4/27/2012 04/26/2012
    Placed on Senate Regular Calendar cal. for 4/26/201204/25/2012
    S. Reset on cal. for 4/26/201204/25/2012
    Sponsor(s) Added.04/25/2012
    Placed on Senate Regular Calendar cal. for 4/25/201204/24/2012
    Sponsor(s) Added.04/23/2012
    S. Reset on Cal. for 4/25/2012 04/23/2012
    Placed on Senate Regular Calendar cal. for 4/23/201204/20/2012
    S. Reset on cal. for 4/23/201204/19/2012
    Placed on Senate Regular Calendar cal. for 4/19/201204/17/2012
    S. Reset on Cal. for 4/19/2012 04/09/2012
    Placed on Senate Regular Calendar cal. for 4/9/201204/05/2012
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 9, Nays 0 PNV 003/28/2012
    Placed on S. Ed. Comm. cal. for 3/28/201203/21/2012
    Action Def. in S. Ed. Comm. to 3/28/201203/21/2012
    Placed on S. Ed. Comm. cal. for 3/21/201203/14/2012
    P2C, ref. to S. Ed. Comm.02/01/2012
    Intro., P1C.01/30/2012
    Filed for intro.01/26/2012
    Actions For HB3576Date
    Sponsor(s) Added.04/30/2012
    Comp. SB subst. 04/30/2012
    H. Placed on Regular Calendar for 4/30/201204/30/2012
    Reset on Next cal.04/27/2012
    Sponsor(s) Added.04/26/2012
    Held on desk. 04/26/2012
    H. adopted am.(Amendment 1 of 0 - HA1206)04/26/2012
    H. Placed on Regular Calendar for 4/25/201204/19/2012
    Placed on cal. Calendar & Rules Committee for 4/19/201204/18/2012
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee04/11/2012
    Placed on cal. Education Committee for 4/10/201204/04/2012
    Action Def. in Education Committee to 4/10/201204/03/2012
    Placed on cal. Education Committee for 4/3/201203/28/2012
    Action Def. in Education Committee to 4/3/201203/27/2012
    Sponsor(s) Added.03/26/2012
    Placed on cal. Education Committee for 3/27/201203/21/2012
    Rec. for pass. if am. by s/c ref. to Education Committee03/21/2012
    Placed on s/c cal Education Subcommittee for 3/21/201203/14/2012
    Action Def. in s/c Education Subcommittee to 3/21/201203/14/2012
    Placed on s/c cal Education Subcommittee for 3/14/201203/07/2012
    Assigned to s/c Education Subcommittee02/01/2012
    P2C, ref. to Education Committee02/01/2012
    Intro., P1C.01/30/2012
    Filed for intro.01/26/2012
  • AmendmentsFiscal Memos
    SA1074Amendment 1-1 to SB3597Fiscal Memo for SA1074 (14027)  
    SA1163Amendment 2- to SB3597 
    SA1297Amendment 3- to SB3597 
    SA1326Amendment 4- to SB3597Fiscal Memo for SA1326 (17329)  
    AmendmentsFiscal Memos
    HA1206Amendment 1-1 to HB3576Fiscal Memo for HA1206 (14027)  
    HA1299Amendment 2- to HB3576Fiscal Memo for HA1299 (17329)  
    HA1300Amendment 3- to HB3576 
    HA1301Amendment 4- to HB3576 
    HA1304Amendment 5- to HB3576Fiscal Memo for HA1304 (17261)  
    HA1350Amendment 6- to HB3576 
    HA1356Amendment 7- to HB3576 
    HA1373Amendment 8- to HB3576 

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB3597

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill prohibits a state higher education institution that grants recognition to any student organization or group from discriminating against or denying recognition, equal access or a fair opportunity to any student organization or group on the basis of the religious content of the organization's or group's speech, including but not limited to, worship.

    A religious student organization may determine that ordering the organization's internal affairs, selecting the organization's leaders and members, defining the organization's doctrines and resolving the organization's disputes are in furtherance of the organization's religious mission and that only persons committed to that mission should conduct such activities. No state higher education institution may deny recognition or any privilege or benefit to a student organization or group that exercises its rights pursuant to this bill.

    ON APRIL 26, 2012, THE HOUSE ADOPTED AMENDMENT #1 AND RESET HOUSE BILL 3576, AS AMENDED.

    AMENDMENT #1 rewrites the bill and prohibits any state higher education institution that grants recognition to a student organization from discriminating against, denying recognition to, or denying equal access to programs, finding, or facilities for any student organization on the basis of the religious content of the organization's speech including worship.

    A religious student organization may determine that the organization's religious mission requires that only persons professing the faith of the group and comporting themselves in conformity with it qualify to serve as members or leaders. No state higher education institution may deny recognition or any privilege or benefit to a student organization or group that exercises such rights.

    ON APRIL 30, 2012, THE SENATE ADOPTED AMENDMENTS #1, #2 AND #4 AND PASSED SENATE BILL 3597, AS AMENDED.

    AMENDMENT #1 is the same as House Amendment #1.

    AMENDMENT #2 rewrites the bill and prohibits any state higher education institution that grants recognition to a student organization from discriminating against denying recognition to a student organization, or denying to a student organization access to programs, funding, or facilities otherwise available to another student organization, on the basis of:

    (1) The religious content of the organization's speech including, but not limited to, worship; or
    (2) The organization's exercise of its rights pursuant to this amendment.

    A religious student organization will be authorized to determine that the organization's religious mission requires that only persons professing the faith of the group and comporting themselves in conformity with it qualify to serve as members or leaders.

    AMENDMENT #4 rewrites the bill and prohibits any state higher education institution that grants recognition to a student organization from discriminating against denying recognition to a student organization, or denying to a student organization access to programs, funding, or facilities otherwise available to another student organization, on the basis of:

    (1) The religious content of the organization's speech including, but not limited to, worship; or
    (2) The organization's exercise of its rights pursuant to this amendment.

    A religious student organization will be authorized to determine that the organization's religious mission requires that only persons professing the faith of the group and comporting themselves in conformity with it qualify to serve as members or leaders.

    For purposes of this amendment, "state higher education institution" means:

    (1) Any state higher education institution; or
    (2) Any private higher education institution that receives payments from state funds derived directly from state tax revenues that annually total more than $24,000,000.

    Under this amendment, any private higher education institution that receives payments from state funds derived directly from state tax revenues that annually total more than $24,000,000 will be authorized to adopt a policy that denies recognition to religious student organizations because they maintain leadership or membership criteria based on religious beliefs, but solely on the condition that:

    (1) The institution requires every recognized student organization, including organizations described in 20 U.S.C. ? 1681 (a)(6)(A) (also known as "Title IX"), to accept as members all students who apply to be members; and
    (2) The institution does not allow any recognized student organization, including organizations described in 20 U.S.C. ? 1681 (a)(6)(A) (also known as "Title IX"), to set a numerical limit on membership or to use subjective qualifications for choosing its members.

    This amendment will not apply to any religious school, college, university, or other educational institution or institution of learning described in 42 U.S.C.? 2000e-2(e)(2).

    The provisions of this amendment concerning private higher education institutions will be repealed on June 30, 2013.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    House moved to substitute and conform to HB3576

    SB3597 by Beavers - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 4/30/2012
    Passed
              Ayes...............................................61
              Noes...............................................22

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Curtiss, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Gotto, Halford, Hall, Harwell, Hawk, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Rich, Roach, Sanderson, Sexton, Shepard, Shipley, Sparks, Swann, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Williams K -- 61.
              Representatives voting no were: Armstrong, Brown, DeBerry L, Fitzhugh, Fitzhugh, Gilmore, Harmon, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Richardson, Sontany, Stewart, Todd, Towns, Turner J, Turner M, Mr. Speaker Naifeh -- 22.

    SB3597 by Beavers - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 8 BY Fitzhugh PASSAGE ON THIRD CONSIDERATION 4/30/2012
    Passed
              Ayes...............................................62
              Noes...............................................25

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Curtiss, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Niceley, Pody, Powers, Ragan, Ramsey, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Williams K -- 62.
              Representatives voting no were: Armstrong, Brown, DeBerry L, Fitzhugh, Fitzhugh, Gilmore, Hardaway, Harmon, Jones S, Kernell, McDonald, Miller L, Montgomery, Naifeh, Odom, Parkinson, Pitts, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Mr. Speaker Naifeh -- 25.

    HB3576 by Pody - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 2 BY Dunn PASSAGE ON THIRD CONSIDERATION 4/26/2012
    Failed
              Ayes...............................................39
              Noes...............................................53

              Representatives voting aye were: Armstrong, Bass, Brown, Camper, Cooper, DeBerry L, Elam, Favors, Fitzhugh, Fitzhugh, Ford, Forgety, Gilmore, Hardaway, Harmon, Harwell, Jones S, Kernell, Marsh, McCormick, McCormick, McDaniel, McDaniel, McDonald, Miller L, Montgomery, Moore, Naifeh, Parkinson, Pitts, Pruitt, Ramsey, Richardson, Shaw, Shepard, Stewart, Tidwell, Tindell, Todd, Towns, Turner J, Turner M, Mr. Speaker Harwell, Mr. Speaker Naifeh -- 39.
              Representatives voting no were: Alexander, Brooks H, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Dean, Dennis, Dunn, Eldridge, Evans, Faison, Floyd, Gotto, Halford, Hall, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Matheny, Matlock, McManus, Miller D, Pody, Powers, Ragan, Rich, Roach, Sanderson, Sexton, Shipley, Sontany, Sparks, Swann, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Williams K -- 53.

              HB3576 by Pody - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 4/19/2012
              Voice Vote - Ayes Prevail Rep.(s) Fitzhugh, Naifeh requested to be recorded as voting No

              HB3576 by Pody - HOUSE EDUCATION ADMINISTRATION & PLANNING COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 4/10/2012
              Voice Vote - Ayes Prevail Rep.(s) Fitzhugh, Pitts requested to be recorded as voting No

              HB3576 by Pody - HOUSE EDUCATION ADMINISTRATION & PLANNING SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Education Committee 3/21/2012
              Voice Vote - Ayes Prevail Rep.(s) Fitzhugh, Naifeh, Pitts requested to be recorded as voting No

    Senate Floor and Committee Votes

    SB3597 by Beavers - FLOOR VOTE: THIRD CONSIDERATION AMENDED 4/30/2012
    Passed
              Ayes...............................................19
              Noes...............................................12

              Senators voting aye were: Beavers, Bell, Campfield, Crowe, Faulk, Gresham, Johnson, Kelsey, Ketron, Massey, McNally, Norris, Ramsey, Roberts, Southerland, Summerville, Tracy, Watson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 19.
              Senators voting no were: Barnes, Berke, Burks, Finney L, Harper, Haynes, Henry, Herron, Kyle, Marrero, Stewart, Tate -- 12.

    SB3597 by Beavers - FLOOR VOTE: MOTION TO ADOPT AMEND# 4 BY Beavers 4/30/2012
    Passed
              Ayes...............................................18
              Noes...............................................12

              Senators voting aye were: Beavers, Bell, Campfield, Crowe, Faulk, Gresham, Johnson, Kelsey, Ketron, Massey, McNally, Norris, Ramsey, Roberts, Southerland, Summerville, Tracy, Watson, Mr. Speaker McNally, Mr. Speaker Ramsey -- 18.
              Senators voting no were: Barnes, Berke, Burks, Finney L, Harper, Haynes, Henry, Herron, Kyle, Marrero, Stewart, Tate -- 12.

    SB3597 by Beavers - SENATE EDUCATION COMMITTEE:
    Recommended for passage - refer to: S. Cal. Comm. 3/28/2012
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Berke, Burks, Campfield, Crowe, Gresham, Kelsey, Summerville, Tate, Tracy -- 9.